tv The Journal Editorial Report FOX News November 22, 2014 11:00am-11:31am PST
this week on the journal editorial report, the president bypasses congress on immigration setting him on a collision course with the gop. can the republicans respond before its too late? democrats move to the left after the midterm dropping with elizabeth warren emerging as the party's new darling. what it means for 2016. a gruesome attack on a jerusalem synagogue ee list its a tepid response. and the coming world disorder. >> there are actions i have the legal authority to take as
president. same taken by republican and democratic presidents before me that help make the immigration system more fair and more just. tonight, i'm announcing those actions. >> welcome to the journal editorial report, i'm stuart varney. despite warnings from republicans and even some democrats president obama announced he'll side step congress and go it alone on immigration, using executive action to shield millions in the u.s. illegally from deportation. republicans on capitol hill are promising to fight the move and some gop governors are even eyeing lawsuits. are the president's actions really reversible? let's ask. dan henninger, political diary editor, jason riley and washington columnist, kim strassel. >> is this reversible? >> i think it may well be reinl and should be challenged in court. extremely unprecedented
expansive view of his own authority. that authority was overruled 9-0 by the supreme court earlier this year. his interpretation of his appointment powers, recess appointment powers didn't fly in the supreme court. this legal authority that he's citing rests solely on interpretation of prosecutorial discretion. if you read the memorandum defending this which they put out an hour before the speech, this document is very a.m. bif lent whether he has the authority. ultimately it says he does have the authority but there are parts that suggest maybe it's not as expansive as he is conveying in this speech. >> quickly, time frame, if you try to reverse it through the courts, time frame. >> it would probably take at least a year. you have states going to have to file -- it would be like obamacare and the challenges to his interpretation of his authority to rewrite the obama care laws. those two have been in part
overturned by the courts. i think he's very vulnerable on this. >> does this fundamentally change the way america is governed? >> i think dan is right about maybe this reversible through the courts. what is more complicated is politically, because look, what the president has done here is dictate terms. the white house keeps claiming all it's doing is encouraging republicans to do a bill. in fact they have said these are the people we're allow staying, 5 million of them. how do republicans come back with any bill if they don't hue to the contours of the policy he laid out, would he sign that? he is in fact telling them what to do. i think too the white house is not considered what this president means. if you were for instance had a republican president, the republicans are looking at this they looked at the way they suspended laws and not enforced them. you're setting a precedent by
which other future presidents could do a lot of things that democrats wouldn't like. and i think it's a very concerning turn for the country. >> he's done something he said repeatedly he could not do. so he's made a reversal there, not only defying congress but defying the american people. most people in the country want immigration reform, even of the type obama does, comprehensive reform. but most americans also don't want it done this way. the polls have repeatedly shown that. and the american people said that on election day in november when they gave president obama a republican congress to work with. they want this done the right way. >> but, if the republicans oppose it and try to repeal it or reverse it, do they become the party of deportation? >> you're going to get the fund attempts, attempts to override this and governors suing. you may not nominees held up the
president wants to pass through. they will try this and they have to be very careful as to not be painted that way or to avoid having the democrats push that. i think that's what the president has shown here. he wants the issue, does not want a solution. this is not a solution to the problems that does not address the economic incentives driving illegal immigration. he wants this issue. >> kim, what are the dangers for the democrats? >> i think the dangers for the democrats are what you see republicans really pushing on right now. this president has already had a reputation. it was an issue in the mid-term elections about people feeling that he is unlawful in many of his actions, that he's overstepped his authorities as president and that is going to be magnified and there's a lot of attention. i think look interesting how much the white house and president stressed in its briefings in the president's speech the fact that they are securing the border, that they are doing much more to sort of stop illegal immigration. they know that especially given
the controversy earlier this year with the children crossing border, there are a lot of people even moderates and independents very worried that the president doesn't have a handle on the immigration system. and so this also risks sort of worrying that community of americans even more that he is doing this for political reasons and not doing it with as jason said a sound lasting solution in mind. >> doing it for political reasons, the tone of the remarks on thursday night really did a bit -- almost campaign style actually, what do you think? >> i think there's a lot to the fact that he's waving his hand and expecting the immigration service to undertake the registration and background checks for 5 million people. so you've got say 1,000 immigration officers going to take on and decide who among 5 million people can work. it sounds like ebola all over a again. >> it is a mess and stays a mess. >> the house democrats have to understand they are now obliged
to produce a bill -- and i think the american people will be watching to seal whether a bill comes out of congress that is as comprehensive as the subject needs. >> i hope it's not one big bill. i don't think that's going to fly. it's going to have to be piecemeal and start with border security and high skill immigrants and agricultural workers and so forth they should pass bills and put them on the president's desk and dare him to veto them. >> bring it back through congress. >> when we come back, elizabeth warren emerges as the democrats' new darling, will she pull the party left and derail hillary clinton's chances in 2016? could protect you from cancer?
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targeting walmart ahead of the holiday shopping season and calling on congress to pass legislation to raise the minimum wage and regulate part-time work and schedules and ensure equal pay for women. issues the freshman senator calls deeply personal. we're back with dan henninger, mary kissel and james freeman. senator warren says it's deeply personal. >> senator warren is moving to the left of everyone else in the democratic party including president obama. she fancies herself a populist and wants to connect with the average person. to do that she uses her own history and she had a hard time coming up through the ranks of the academic ee let until she landed at harvard and became a millionaire -- >> that's mythology? >> yes, she didn't grow up dirt poor. she had a very good career. she worked hard but to say elizabeth warren was o pressed by the system is a fiction.
>> james, she's jumped on the anti-walmart bandwagon. >> first they pick mcdonald's to blame for all of the problems in the obama economy. i don't know where anyone got the idea that a fast food joint is responsible forgiving everyone in the country a high paying job. now they've moved on to walmart and this is again a union effort to organize walmart, to pressure nem and force higher wages, a lot of regulatory costs coming here. it's amazing thing where democratic party has come to where they base he cicaly basic of their week -- and then they turn into employers and say, where are the high paying jobs? >> dan, is this a serious challenge for hillary clinton in '16? >> i think so. do you mind if i get really cynical on this problem, stuart. >> go if you like. >> this elizabeth warren thing is about campaign fund raising.
the one thing we found out about elizabeth warren in the last election cycle. she's really popular out there and can raise large amounts of money. that's kind of what is at the keer of a lot of political activity. you need millions. that's why she's been elevated. she's doing it by appealing to the left, the left that has money. hillary clinton if she's going to run for president cannot get elected solely on the left wing vote. she's got to rundown the center. how she squares herself because she's a good fundraiser too with this elizabeth warren on the left, raising these issues for the purpose of raising money while defining the democratic party as the party of the left is a circle that's going to be really tough for hillary to square. >> and also tough in the primaries because that's the committed voter in the primaries and hillary will have to shift to the left to bind in those committed voters. we'll see a real tough time -- >> we have to appreciate the irony of this -- rally against
walmart this week. who needs every day low prices? the poor, we don't want that, do we, stuart? >> that's cynical. >> must be rubbing off on me. >> where do the democrats stand? president obama to the left and warren further to the left and hillary clinton will be dragged to the left in the primaries. there is a group within the democrat party that is centrist, james. >> well, disappearing part. i think barack obama is really remade the democratic party. thts this is not the party that bill clinton led in the '90s. for that reason, i think elizabeth warren would beat hillary clinton if they were to face off in democratic primaries, it is a much more left wing party. as dan has written, they bas basically pushed the private economy out of the room. so you're left with hard core activists as you say and i think warren probably gives them a much more compelling message. >> how strong is that political appeal?
elizabeth warren says the system is tacked against you. that rings with a certain proportion of american voters, doesn't it, dan? >> if it did, they wouldn't have done as poorly as they did in the ee lek two weeks ago. >> in a presidential election this would perform a lot better? >> it's class warfare, stuart. >> that is a failing -- >> elizabeth warren's policies left of president obama's more damaging and dangerous. she wants more spending to forgive student debt. she's let the regulatory state run wide. who does it appeal to? it will appeal to some part of the population that wants -- >> has eight years of president obama dragged the country sufficiently to the left where a leftist appeal is a winning appeal? >> no. >> the answer to your question most recent wall street journal poll, yes, most americans do believe the deck is stacked against them. our political or economic system, this is surged.
it was only about a third of americans 12 years ago. now most people are saying it's stacked against them. but then when you dig into why, i think the hard left message has a tougher go of it. a lot of people feel the government favoring certain industries green energy, for example, discouraging other industries, legitimate energy, for example, has created an environment where a lot of people are dissatisfied, it's a fight over who's the cause of your troubles. >> the republicans have to stake ground as against crony capitalism and fight it and distance themselves from their connections with government, say this is bad. it doesn't give you all a chance. we're for freedom, opportunity. they have two years -- >> give me a year of 4% growth and you'll turn the country all around. that's a personal position. this week's gruesome attack on a
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too many israelis have died and too many palestinians have died. at this difficult time it's important for palestinians and israelis to try to work together to lower tensions and to -- >> that was president obama after two palestinians stormed a jerusalem synagogue tuesday morning during prayer. wielding guns and knives and axes in a gruesome attack. it is a response wall street foreign affairs columnist brett stevens says is all too typical of this administration. he's the author of the new book,
america in retreat. the new isolationism and coming disorder. brett, you say america is in retreat. is that the same thing as saying america is in decline? >> totally different things. russia is in decline. they have massive demographic problems and japan is in decline as well and europe arguably in decline. if historian 30 years from now looks back on great innovations, they'll talk about social media and fracking. the u.s. is not in decline. we are in retreat. the difference is decline is something that happens almost beyond the ability of ordinary politicians to reverse. retreat is a set of policy options and over the last six years we've had a presidency that has very deliberately wanted to shrink america's footprint in every respect, military, strategic, economic, political, diplomatic. this is the lead from behind presidency and that's -- that
is -- that's the reason why we're seeing russia and ukraine, the expansion of isis and iran on cusp of a nuclear weapon. >> we just heard president obama's response to the jerusalem outrage. are you saying that that is part of the retreat which essentially president obama is leading? >> it's so characteristic of his style of leadership. a great prince has to be a firm friend and thorough foe. what you just heard from the president, this classic moral equivalency is the very opposite of that advice. he's not giving the israelis our ally that firm friendship that they need in that moment of grief. he is equivocating between allies and enemies. this is obama, he scalds our friends and coddles our enemies. >> in are you saying that america should be the world's policeman? >> yes, america ought to be because ask yourself. who are the alternatives. the united nations could be the
world's policeman, would you want to trust global security to them? i suspect now. how about vladimir putin and leerdship in china and the iranians or some condominium, that looks a world on the eve of the first world war. that doesn't work. the reality is, only the united states has the will and wherewithal to police a decent global order. >> do you think we have the will? at this moment do americans want to be the world's policemen and pay for it? >> when i started wru writing this book, one of my greatest fears was that americans wrote the law. but to remind them what a good world that had been. in the last two or three months, since the beheading of americans in eastern syria, the american people are waking up and understand obama's foreign policy of retreat and inaction isn't working and making the world more dangerous and looking for a foreign policy recipe that
doesn't go quite as far as the freedom doctrine but serious, sober and politically sellable. i hope this is read by the next crop of presidential contenders who want a foreign policy that's worthy of a great power. >> is it simply a matter of leadership. >> it's almost entirely a matter of leadership. we were in the same place in the late 1970s, we had a weak leader and lo and behold we got the right leader in ronald reagan to reverse that. >> and america responded to that trend in the late 1970s, wholeheartedly responded to it. >> americans don't like seeing fellow citizens killed and being hum i wiiliated and i think ames are new ready for foreigncy lead everiship. >> thank you, brad, we have to
time for our hits and misses of the week of the dan, first to you. >> a big hit to the united states senate, incredible as that may sound for defeating patrick leahy's awful bill to regulate the national security agency. this bill would have gone way too far in limiting the united states' ability to detect electronic communications by terrorists. next year when we have a new senate we'll get a much more serious consideration. >> a plus for the u.s. senate, not expecting that. >> one a year, why not. >> this is it. mary? >> i'll give a big miss to uber, which found itself in trouble after one of the executives suggested digging up dirt on a journalist critical of the company. but uber has dave plouffe, the
best possible spin doctor for the problem. if anybody can deal with painfully bad leaks of truly bad policies it's somebody who used to work in the obama white house. >> james? >> on a month positive note, a hit for the people of buffalo amid the tragedy of the storm. we see really the best of america happening up there right now. neighbors helping each other, reaching out to strangers, feeding people, whole neighborhoods working to get a president reagan nant woman pregnant woman to the hospital. >> well said, it's nice to have a positive item on the program as opposed -- >> that was a very positive thing, well done, young man. i agree with you, actually. >> all right and remember, if you have your own hit or miss, be sure to tweet it to us at jer of fox news.com. you can catch me weekdays on
varney and company sharp at 11:00 eastern on the fox business network, varney and company. paul is back next week and we do hope you can join us then. we're standing by for a decision in missouri on whether there will be an indictment in the michael brown shooting case. it's a story that has riveted the country. authorities and civil rights activists both calling for cooler heads to reprevail no matter the decision. welcome, so glad you can join us. >> hello, everyone. the grand jury will decide whether or not to bring charges against darren wilson for the shooting death of that unarmed teenager, michael brown. steve is live outside of the courthouse in clayton, missouri with the very latest. hello, st